In most cases, a lawsuit is filed in the county where the auto/motorcycle/truck accident occurred. But it does not HAVE to be limited to that county.
A common example will bring this into focus. Let's say you and your significant other are on a leisurely motorcycle stroll and a driver of a company car, drunk while on the job, turns left in front of you (the most common cause of an injury to a motorcyclist, by the way) and seriously injures both of you. His employer's place of business is in Cuyahoga County, he lives in Summit County, and the collision occurred in Stark County, Ohio. So which county is the proper one for bringing a lawsuit?
Answer: you can bring a lawsuit in any one of those three counties. The legal term which governs where a lawsuit is brought is called venue. You've probably even use of part of that term on the TV news when a criminal defendant asks for a "change of venue."
Under Ohio venue rules, a lawsuit can be brought in the county where: (1) a defendant has its principal place of business, OR (2) the defendant resides, OR (3) the accident occurred. There is no pecking order or priority given to one location or another.
So, in the example above, the lawsuit can possibly be brought in Cuyahoga County since an employer can be liable for an employee who injures someone in the course and scope of his or her employment. It can also be brought in Summit County because the employee/drunk driver resides there. And, finally, it is also proper in Stark County because that's where the collision occurred.
The decision of the best place strategically to bring an Ohio auto or motorcycle accident claim depends upon many unique factors, and each county would have its plusses and minuses, all of which should be discussed with the client before a lawsuit is filed.
Showing posts with label Canton OH Personal Injury lawyers; Stark County auto accident attorneys;. Show all posts
Showing posts with label Canton OH Personal Injury lawyers; Stark County auto accident attorneys;. Show all posts
Monday, June 3, 2013
Tuesday, November 20, 2012
"How Much Should I Ask For In A Settlement?"
Occasionally we get this question from someone "going it alone" without an attorney. First, there are quite a few reasons NOT to represent yourself in your personal injury claim (and 1 reason where it's OK) as I wrote about in our book: "Your Ohio Accident Claim: Sorting Through The Insurance Maze (available for free through our website www.n-wlaw.com).
But if you are inclined to roll the dice with the friendly adjuster and the insurance company, the true answer to this question is: it's really hard to know without knowing a lot of detail about what happened. Was the collision a 5 mph love tap in the mall parking lot, or did someone run a stop sign at 45 mph and obliterate you? Were you hit by a slobbering drunk driver who fled the scene and later blew a .018--double the legal limit--or a nice elderly woman coming home from the church picnic?
These things make a difference.
More importantly, as we like to say, the "devil is in the details." One of the first things I do to evaluate an auto or motorcycle accident claim is to order and then read your medical records. They are liable to say ANYTHING, and they can make a difference in the evaluation of your claim. Take, for example, this entry in a client's physical therapy records from a few years ago:
You can be sure the insurance company will be reading those records with the blank authorization you gave them to enable them to order the records. And most folks who call me while "going it alone" have not even bothered to read their own records and have no idea what they say (yet another big mistake they make while representing themselves).
This is just one example of why it is very difficult--and frankly quite stupid--for any personal injury attorney to give an opinion of claim value over the phone. I tell my clients the same thing at the initial client consultation: "I will eventually be able to give you a value or a range of values on what your injury claim is worth, and I'll meet with you in person and go over it. But only after I have reviewed everything--the police report, all of your records, bills, EOB's, lost wages, photographs, and other materials. If you're looking for an instant evaluation on the first visit, you've got the wrong person and need to go elsewhere."
I say this even in situations where I have a good idea as to where the claim may go in terms of settlement value. Sometimes little things crop up that you discover that sway the value of a claim in either direction--both good and bad.
Knowing where to look separates us from the guy or gal who has never negotiated a single auto collision claim against an insurance company, much less their own.
Handling, evaluating, and negotiating auto, motorcycle, or truck accident claims may not be the equivalent of preparing a seven course meal for a table of food critics. But it ain't "instant oatmeal" either. Some attention to detail, and some good old fashioned time, are necessary ingredients as well.
But if you are inclined to roll the dice with the friendly adjuster and the insurance company, the true answer to this question is: it's really hard to know without knowing a lot of detail about what happened. Was the collision a 5 mph love tap in the mall parking lot, or did someone run a stop sign at 45 mph and obliterate you? Were you hit by a slobbering drunk driver who fled the scene and later blew a .018--double the legal limit--or a nice elderly woman coming home from the church picnic?
These things make a difference.
More importantly, as we like to say, the "devil is in the details." One of the first things I do to evaluate an auto or motorcycle accident claim is to order and then read your medical records. They are liable to say ANYTHING, and they can make a difference in the evaluation of your claim. Take, for example, this entry in a client's physical therapy records from a few years ago:
"Patient reports increased pain after playing 17 games of softball over the weekend."Now this client was in a really bad crash and she needed quite a bit of doctor ordered physical therapy. But her auto accident injury claim ended with that PT entry/record. I told her: "If you're well enough to play 17 games of softball, you have recovered from your injuries in the eyes of the insurance company, and any bills you incur after that will not be related to your claim."
You can be sure the insurance company will be reading those records with the blank authorization you gave them to enable them to order the records. And most folks who call me while "going it alone" have not even bothered to read their own records and have no idea what they say (yet another big mistake they make while representing themselves).
This is just one example of why it is very difficult--and frankly quite stupid--for any personal injury attorney to give an opinion of claim value over the phone. I tell my clients the same thing at the initial client consultation: "I will eventually be able to give you a value or a range of values on what your injury claim is worth, and I'll meet with you in person and go over it. But only after I have reviewed everything--the police report, all of your records, bills, EOB's, lost wages, photographs, and other materials. If you're looking for an instant evaluation on the first visit, you've got the wrong person and need to go elsewhere."
I say this even in situations where I have a good idea as to where the claim may go in terms of settlement value. Sometimes little things crop up that you discover that sway the value of a claim in either direction--both good and bad.
Knowing where to look separates us from the guy or gal who has never negotiated a single auto collision claim against an insurance company, much less their own.
Handling, evaluating, and negotiating auto, motorcycle, or truck accident claims may not be the equivalent of preparing a seven course meal for a table of food critics. But it ain't "instant oatmeal" either. Some attention to detail, and some good old fashioned time, are necessary ingredients as well.
Monday, July 16, 2012
Why Is The Adjuster Making Me A Low Ball Offer?
The reason is simple: because she can. After almost 25 years of representing Ohioans in auto, truck, and motorcycle accident injury claims, there is one thing I'm sure of: the relationship between you and the insurance company you're dealing with is an adversarial one. It is not a business model that's designed to be "fair" to you or transparent.
As proof of this, ask any adjuster any of these questions after they contact you: (1) Will you allow me to take a recorded statement of your insured, the person who smashed into me? After all, they will require a recorded statement of you. (2) Will you divulge your insured's Social Security number? A standard request they will ask of you to snoop into your financial and credit history. (3) Will your insured sign an authorization allowing me to obtain his medical records both before and after the crash? You can bet they'll ask you to sign these authorizations, which give them a blank ticket to fish around in your medical history YEARS before the crash.
(4) What are your insured's liability limits? They'll ask all about your sources of insurance, such as your auto medical payments and health insurance coverage. (5) Will you pay my medical bills as they come due and reimburse me for mileage and gas for all of my doctors and therapy visits?
As you'll soon learn, this is a one way street. You will jump through all kinds of hoops, signing all their papers, operating on faith that they'll "do the right thing...and frequently receive nothing in return from the insurance company. And be prepared to hear "company policy does not allow us to divulge that information." See how this works? How do I know this? It's one of the main reasons why people call me after getting nowhere with the insurance company.
This doesn't make the adjuster or the insurance company evil. It's just that their goal, their mission, their reason for existing, is to pay as little as possible. But it doesn't mean you have to accept it, unless you like the equivalent of slamming your head against a concrete wall.
As proof of this, ask any adjuster any of these questions after they contact you: (1) Will you allow me to take a recorded statement of your insured, the person who smashed into me? After all, they will require a recorded statement of you. (2) Will you divulge your insured's Social Security number? A standard request they will ask of you to snoop into your financial and credit history. (3) Will your insured sign an authorization allowing me to obtain his medical records both before and after the crash? You can bet they'll ask you to sign these authorizations, which give them a blank ticket to fish around in your medical history YEARS before the crash.
(4) What are your insured's liability limits? They'll ask all about your sources of insurance, such as your auto medical payments and health insurance coverage. (5) Will you pay my medical bills as they come due and reimburse me for mileage and gas for all of my doctors and therapy visits?
As you'll soon learn, this is a one way street. You will jump through all kinds of hoops, signing all their papers, operating on faith that they'll "do the right thing...and frequently receive nothing in return from the insurance company. And be prepared to hear "company policy does not allow us to divulge that information." See how this works? How do I know this? It's one of the main reasons why people call me after getting nowhere with the insurance company.
This doesn't make the adjuster or the insurance company evil. It's just that their goal, their mission, their reason for existing, is to pay as little as possible. But it doesn't mean you have to accept it, unless you like the equivalent of slamming your head against a concrete wall.
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